[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4840 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4840

 To amend the Homeland Security Act of 2002 to establish requirements 
  for appointment of the Director of the Federal Emergency Management 
                    Agency, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2006

  Mr. Thompson of Mississippi (for himself, Mr. Pascrell, Mr. Meek of 
  Florida, Mr. Langevin, Mr. Etheridge, Ms. Jackson-Lee of Texas, Mr. 
Markey, Mr. Al Green of Texas, Mrs. Christensen, Mr. DeFazio, Mr. Brown 
  of Ohio, and Mr. Grijalva) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
  addition to the Committee on Homeland Security, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Homeland Security Act of 2002 to establish requirements 
  for appointment of the Director of the Federal Emergency Management 
                    Agency, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Plan to Restore Excellence and 
Professional Accountability in Responding to Emergencies Act'' or the 
``PREPARE Act''.

SEC. 2. APPOINTMENT AND QUALIFICATIONS OF FEMA DIRECTOR AND DEPUTY 
              DIRECTOR.

     Section 507 of the Homeland Security Act of 2002 (6 U.S.C. 317) is 
amended by redesignating subsections (a) and (b) as subsections (b) and 
(c), respectively, and by inserting before subsection (b) (as so 
redesignated) the following:
    ``(a) Officers.--
            ``(1) Appointment and qualifications of director.--The 
        Federal Emergency Management Agency shall be headed by a 
        Director who shall be appointed by the President, by and with 
        the advice and consent of the Senate from among individuals who 
        possess demonstrated ability in, knowledge of, and extensive 
        background in emergency or disaster-related management.
            ``(2) Deputy director.--The Federal Emergency Management 
        Agency shall have one Deputy Director who shall be appointed by 
        the Director--
                    ``(A) in accordance with provisions of title 5, 
                United States Code, governing appointments in the 
                competitive service; and
                    ``(B) from among individuals who possess 
                demonstrated ability in, knowledge of, and extensive 
                background in emergency or disaster-related 
                management.''.

SEC. 3. RECOMBINATION OF PREPAREDNESS AND RESPONSE FUNCTIONS.

    (a) Renaming of Under Secretary of Preparedness and Response.--
Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113) is 
amended by striking paragraph (5) and inserting the following:
            ``(5) An Under Secretary of Preparedness and Response.''.
    (b) Functions of Under Secretary.--Section 503 of the Homeland 
Security Act of 2002 (6 U.S.C. 313) is amended--
            (1) in the section heading by striking ``transferred'';
            (2) by inserting ``(a) Transferred Functions.--'' before 
        the first sentence; and
            (3) by adding at the end the following:
    ``(b) Functions of Under Secretary.--The Under Secretary of 
Preparedness and Response shall be responsible for the following:
            ``(1) The Federal Emergency Management Agency, and service 
        as the Director of such agency.
            ``(2) The Chief Medical Officer.
            ``(3) The Assistant Secretary for Grants and Training.
            ``(4) The United States Fire Administration.
            ``(5) Functions performed by the Assistant Secretary for 
        Cyber Security and Telecommunications.
            ``(6) Functions performed by the Assistant Secretary for 
        Infrastructure Protection.
            ``(7) Functions performed by the Director of the Office of 
        National Capital Region Coordination.
    ``(c) Direct Reporting to the President.--During the effective 
period of an Incident of National Significance declared by the 
Secretary under the National Response Plan, the Under Secretary of 
Preparedness and Response shall report directly to the President.''.
    (c) Conforming Amendments.--The following provisions of the 
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) are each amended 
by striking ``Under Secretary for Emergency Preparedness and Response'' 
each place it appears and inserting ``Under Secretary of Preparedness 
and Response'':
            (1) Section 223(1)(B) (6 U.S.C. 143(1)(B)).
            (2) Section 223(2) (6 U.S.C. 143(2)).
            (3) Section 501 (6 U.S.C. 311)).
            (4) Section 502 (6 U.S.C. 312)).
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